How To Hire Canada Temporary Workers Through Recognized Employer Pilot

Canadian employers can bring in foreign nationals to Canada as temporary workers through a streamlined Labour Market Impact Assessment (LMIA) application process under the Recognized Employer Pilot (REP).

The REP is open to employers who have received positive LMIAs for positions on the REP occupations list as follows:

• at least three positive LMIA decisions in the last five years to hire temporary foreign workers, or;
• for those employers who didn’t submit LMIA applications in 2020 or 2021 because of COVID-19 restrictions, but:
  • received at least one positive LMIA decision in 2022 or 2023, and;
  • received two other positive LMIA decisions as far back as 2016.
• meet the highest standards for working conditions, living conditions and worker protection as demonstrated through their history with the Temporary Foreign Worker Program (TFWP) and agree to adhere to the regular TFWP requirements.

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Employers need only submit an LMIA application to apply for the REP because when they do so they are given the option to apply for the REP at the same time. no additional information is required.

“We’ll determine whether you’re eligible based on your history with the TFWP,” notes Employment and Social Development Canada (ESDC) on its website.

“If you’re not eligible for the REP, you’ll still get an LMIA decision. Some types of LMIA applications can’t be considered for the REP, such as any kind of Seasonal Agricultural Worker Program (SAWP) transfer.”

REP-qualified employers enjoy a longer validity period of up to 36 months for LMIA applications that receive a positive decision and can also access a simplified LMIA application when hiring additional workers.

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Employers interested in the REP program, though, should note that Service Canada will stop accepting REP applications in September this year and the REP will conclude in the autumn of 2026.

Employers may be ineligible for the REP if:

• they have received negative LMIA decisions;
• been found non-compliant;
• significant and credible allegations have been made against them for putting the health and safety of temporary foreign workers at risk;
• they have failed to meet requirements associated with inspection check-ins, or;
• there has been a change in the labour market that impacts the position they are trying to fill.

Affiliates of ineligible employers or in default of any amount payable in respect of an administrative monetary penalty, are also ineligible to participate in the REP.

An affiliate includes an employer that’s controlled by another employer, including those who:

• have two employers that are under common control, or;
• employers that aren’t operated at arm’s length.

Processing fee for each REP position is $1,000

REP-qualified employers must commit to the following:

• participate in random REP check-ins;
• undertake annual wage reviews on Jan. 1 of each year to ensure that temporary foreign workers are receiving the current prevailing wage for the occupation and work location where they’re employed, regardless of the wage on the approved LMIA;
• continue to make reasonable recruitment efforts to hire Canadians or permanent residents until all positions are filled, including meeting the minimum recruitment requirements for the stream for which they submitted their applications, and;
• where applicable, meet the housing inspection requirement of the stream for which they submitted their applications.

In addition to meeting the TFWP and REP requirements, employers must also uphold the conditions and rules set out in the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act (IRPA) regarding the hiring of temporary foreign workers.

The processing fee for each position requested under the REP is $1,000 and that payment can be made by:

• Visa;
• MasterCard;
• American Express;
• certified cheque (shall be made payable to the Receiver General for Canada);
• money order (shall be made payable to the Receiver General for Canada), or;
• bank draft (shall be made payable to the Receiver General for Canada).

Processing fees are not refunded when applications are withdrawn at the employer’s request, cancelled or if the employer’s application receives a negative decision.

Refunds are issued only if a fee was collected in error and neither the processing fee nor recruitment fees can be paid or recovered from temporary foreign workers.

LMIA processing fees don’t apply to occupations related to primary agriculture or positions under the National Occupational Classification (NOC) 2021 codes 80020, 80021, 82030, 82031, 84120, 85100, 85101 and 85103.

“Employers who have employed a temporary foreign worker in the five years prior to submitting a new LMIA application must ensure they have made reasonable efforts to provide a workplace that’s free of abuse,” notes ESDC.

“A workplace that’s free of abuse includes proactive efforts made to prevent workplace abuse and reactive measures taken to stop abuse.”

Although a copy of the employment agreement isn’t required at the time of LMIA submission under the REP, employers must commit to providing a completed and signed employment agreement to each temporary foreign worker on or before their first day of work.

An employment agreement must:

• include information for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment;
• be drafted in either English or French as preferred by the temporary foreign worker, and;
• be signed by both the employer and the temporary foreign worker.

Employers must also meet the housing inspection requirements of the streams for which they are submitting an application.

REP list of eligible occupations expanded to 84 during second phase

When the pilot’s first phase kicked off in September, it was targeted solely on the agricultural sector and allowed REP-qualified employers to hire temporary workers only for four occupations, including:

Under the second phase of the REP, though, that list of eligible occupations has exploded to include 84 occupations, allowing recognized employers to benefit from validity periods of up to 36 months for those applications which receive a positive decision and also access a simplified LMIA application when hiring additional workers.

The list of eligible occupations under the second phase of the REP, which started this month, includes:

Canadian employers hoping to attract workers through economic immigration can recruit them through the TFWP and the International Mobility Program (IMP).

The Global Talent Stream (GTS), a part of the TFWP, can under normal processing situations lead to the granting of Canadian work permits and processing of visa applications within two weeks.

Employers can also bring in foreign nationals to fill available positions through the Express Entry system, which receives immigration applications online.

It powers the Federal Skilled Worker Program (FSW), Federal Skilled Trades Program (FST), and Canada Experience Class Program (CEC) which all draw from the Express Entry pool of candidates. Those with the required Comprehensive Ranking System (CRS) scores are then sent Invitations to Apply (ITAs) in regular draws.